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Blue Moonlight Properties V Occupiers Of Saratoga Avenue
''Blue Moonlight Properties 039 (Pty) Ltd v Occupiers of Saratoga Avenue and Another'', an important case in South African property law, was heard in the Witwatersrand Local Division by Judge Thokozile Masipa on 30 May 2008, with judgment handed down on 12 September. Facts The applicant brought eviction proceedings against the first respondents (the occupiers) in terms of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) The occupiers made a counter-application for an order compelling the second respondent (the city) to provide a report within two months, stating what steps it would take to provide them with temporary emergency accommodation upon their eviction from the property, and what steps it would take to ensure access to adequate housing thereafter. It was argued that there would be no lawful and affordable alternative accommodation available to the occupiers in the event of their being evicted. The City duly filed a report detailing it ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South Africa
South Africa, officially the Republic of South Africa (RSA), is the Southern Africa, southernmost country in Africa. It is bounded to the south by of coastline that stretch along the Atlantic Ocean, South Atlantic and Indian Oceans; to the north by the neighbouring countries of Namibia, Botswana, and Zimbabwe; and to the east and northeast by Mozambique and Eswatini. It also completely Enclave and exclave, enclaves the country Lesotho. It is the southernmost country on the mainland of the Old World, and the List of countries and dependencies by population, second-most populous country located entirely south of the equator, after Tanzania. South Africa is a biodiversity hotspot, with unique biomes, plant and animal life. With over Demographics of South Africa, 60 million people, the country is the world's List of countries and dependencies by population, 24th-most populous nation and covers an area of . South Africa has three capital cities, with the executive, judicial and le ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Property Law
South African property law regulates the "rights of people in or over certain objects or things." It is concerned, in other words, with a person's ability to undertake certain actions with certain kinds of objects in accordance with South African law. Among the formal functions of South African property law is the harmonisation of individual interests in property, the guarantee and protection of individual (and sometimes group) rights with respect to property, and the control of proprietary relationships between persons (both natural and juristic), as well as their rights and obligations.Mostert & Pope 6. The protective clause for property rights in the Constitution of South Africas 25. stipulates those proprietary relationships which qualify for constitutional protection. The most important social function of property law in South Africa is to manage the competing interests of those who acquire property rights and interests. In recent times, restrictions on the use of and trade in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Law
South Africa has a 'hybrid' or legal pluralism, 'mixed' legal system, formed by the interweaving of a number of distinct legal traditions: a civil law (legal system), civil law system inherited from Dutch Empire, the Dutch, a common law system inherited from British Empire, the British, and a customary law system inherited from Demographics of South Africa#Black South African demographics, indigenous Africans (often termed Customary law in South Africa, African Customary Law, of which there are many variations depending on the tribal origin). These traditions have had a complex interrelationship, with the English influence most apparent in procedural aspects of the legal system and methods of adjudication, and the Roman-Dutch law, Roman-Dutch influence most visible in its substantive private law. As a general rule, South Africa follows English law in both South African criminal procedure, criminal and South African civil procedure, civil procedure, South African company law, comp ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Witwatersrand
The Witwatersrand () (locally the Rand or, less commonly, the Reef) is a , north-facing scarp in South Africa. It consists of a hard, erosion-resistant quartzite metamorphic rock, over which several north-flowing rivers form waterfalls, which account for the name Witwatersrand, meaning "white water ridge" in Afrikaans.Truswell, J.F. (1977). ''The Geological Evolution of South Africa''. pp. 21, 27–28, 33–36. Cape Town: Purnell. This east-west-running scarp can be traced with only one short gap, from Bedfordview (about west of O.R. Tambo International Airport) in the east, through Johannesburg and Roodepoort, to Krugersdorp in the west (see the diagram at left below).Norman, N.; Whitfield, G. (2006) ''Geological Journeys''. pp. 38–49, 60–61. Cape Town: Struik Publishers. The scarp forms the northern edge of a plateau (or ridge) which rises about above the surrounding plains of the Highveld. A number of picturesque Johannesburg suburbs, including Observatory, Gauteng, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Thokozile Masipa
Thokozile Matilda Masipa (born 16 October 1947) is a judge in the Gauteng Division of the High Court of South Africa. She was the presiding judge in the 2014 trial of Oscar Pistorius for the killing of Reeva Steenkamp. Her verdict of not guilty of murder was later overturned on appeal. Early life and education Masipa was born and grew up in Orlando East, Soweto, Johannesburg, South Africa the eldest of 10 children. After matriculating from Immaculata High School in the Alexandra township in 1966, she obtained a BA degree specialising in Social Work in 1974 and a LLB in 1990 from the University of South Africa. She was admitted as an advocate in 1991. Career Prior to her law career, Masipa worked as a social worker and as a crime reporter, which led to her interest in law. She worked for ''The World'', ''Post'' and ''The Sowetan'' newspapers and edited the ''Queen'' women's supplement of ''Pace'' magazine. In 1998, she was appointed as a judge in the Transvaal Provincial D ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
2008 In South Africa
The following lists events that happened during 2008 in South Africa. Incumbents * President: ** Thabo Mbeki (until 24 September).Archontology.org: A Guide for Study of Historical Offices: South Africa: Heads of State: 1994-2017 (Accessed on 5 June 2017) ** Kgalema Motlanthe (from 25 September). * Deputy President: (until 24 September) ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Eviction
Eviction is the removal of a tenant from rental property by the landlord. In some jurisdictions it may also involve the removal of persons from premises that were foreclosed by a mortgagee (often, the prior owners who defaulted on a mortgage). Depending on the laws of the jurisdiction, eviction may also be known as unlawful detainer, summary possession, summary dispossess, summary process, forcible detainer, ejectment, and repossession, among other terms. Nevertheless, the term ''eviction'' is the most commonly used in communications between the landlord and tenant. Depending on the jurisdiction involved, before a tenant can be evicted, a landlord must win an eviction lawsuit or prevail in another step in the legal process. It should be borne in mind that ''eviction'', as with ''ejectment'' and certain other related terms, has precise meanings only in certain historical contexts (e.g., under the English common law of past centuries), or with respect to specific jurisdicti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prevention Of Illegal Eviction From And Unlawful Occupation Of Land Act
The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) is an act of the Parliament of South Africa which came into effect on 5 June, 1998, and which sets out to prevent arbitrary evictions. In terms of the Constitution of South Africa, "No one may be evicted from their home, or have their home demolished, without an order of court made after considering all the relevant circumstances. No legislation may permit arbitrary evictions." PIE sets out the procedure to be followed in the case of such evictions. In ''Port Elizabeth Municipality v Various Occupiers'', the Constitutional Court found that it "expressly requires the court to infuse elements of grace and compassion into the formal structures of the law." Eviction procedure The eviction procedure excludes the ''rei vindicatio'' and other common-law remedies for the vindication of ownership rights. PIE has application also where the occupation was lawful to begin with but became unlawful later. Diff ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Motion In Limine
In U.S. law, a motion ''in limine'' (; "at the start", literally, "on the threshold") is a motion, discussed outside the presence of the jury, to request that certain testimony be excluded. A motion ''in limine'' can also be used to get a ruling to allow for the inclusion of evidence. The motion is decided by a judge in both civil and criminal proceedings. It is frequently used at pre-trial hearings or during trial, and it can be used at both the state and federal levels. The reasons for the motions are wide and varied, but probably the most frequent use of the motion ''in limine'' in a criminal trial is to shield the jury from information concerning the defendant that could possibly be unfairly prejudicial to the defendant if heard at trial. Other reasons arise under the Federal Rules of Civil Procedure for failure to comply with discovery. Other proper subjects for motions in limine stem from the court's power to "Provide for the orderly conduct of proceedings before it" and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Adjournment Sine Die
Adjournment ''sine die'' (from Latin "without a day") is the conclusion of a meeting by a deliberative assembly, such as a legislature or organizational board, without setting a day to reconvene. The assembly can reconvene, either in its present form or a reconstituted form, if preexisting laws and rules provide for this. Otherwise the adjournment effectively dissolves the assembly. A court may also adjourn a matter ''sine die'', which means that the matter is stayed until further notice. In a ''sine die'' adjournment of this type, the hearing stands open indefinitely, and could theoretically be resumed if the situation changed. For example, a case may be adjourned ''sine die'' if there is no possibility of proceeding in the foreseeable future, such as when the defendant is in prison and cannot participate in legal proceedings. United States usage The Congress of the United States customarily adjourns a session ''sine die'' on the morning of January 3, immediately before th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Law Reports
Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but generally contain the same key information. A legal citation is a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position." Where cases are published on paper, the citation usually contains the following information: * Court that issued the decision * Report title * Volume number * Page, section, or paragraph number * Publication year In some report series, for example in England, Australia and some in Canada, volumes are not numbered independently of the year: thus the year and volume number (usually no greater than 4) are required to identify which book of the series has the case reporte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
2008 In South African Case Law
8 (eight) is the natural number following 7 and preceding 9. In mathematics 8 is: * a composite number, its proper divisors being , , and . It is twice 4 or four times 2. * a power of two, being 2 (two cubed), and is the first number of the form , being an integer greater than 1. * the first number which is neither prime nor semiprime. * the base of the octal number system, which is mostly used with computers. In octal, one digit represents three bits. In modern computers, a byte is a grouping of eight bits, also called an wikt:octet, octet. * a Fibonacci number, being plus . The next Fibonacci number is . 8 is the only positive Fibonacci number, aside from 1, that is a perfect cube. * the only nonzero perfect power that is one less than another perfect power, by Catalan conjecture, Mihăilescu's Theorem. * the order of the smallest non-abelian group all of whose subgroups are normal. * the dimension of the octonions and is the highest possible dimension of a normed divisio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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